Final Smoke™ AFFILIATE AGREEMENT

This agreement is a binding, legal contract between you, the Affiliate and our business, the Company. The Affiliate Program is administered through our Company pursuant to the policies at our Company Web site, as well as this agreement.

Commissions will be paid by Company as outlined on our Company Web site. Company reserves the right to change the price of Company's products and commission percentages for products without notice. Commissions are based on the percentage of sale in effect at the time of sale.

Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership, joint venture or other legal entity is created between Company and Affiliate.

Affiliate represents and warrants to Company, that Affiliate has read and understands the Company Policies that are set forth on our web site and agree to the terms set forth therein.

Company reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate's acceptance of income, shall constitute Affiliate's acceptance of any and all amendments. Affiliate agrees to review this agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner. The date of the last change or addition to this agreement is posted at the end of this document.

All affiliates must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an affiliate.

Affiliate agrees to receive e-mail from our Company, including but not limited to, sales reports, training, promotional resources, newsletters and other correspondence.

Affiliate agrees to only present Company, Company products and services as set forth in the official Company Website or Company marketing materials. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official Company Website. Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means.

Affiliate agrees not to disparage Company, Company products or services other Company Affiliates in any manner. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.

SPAM PROHIBITED
Company has a ZERO tolerance for Spam (a.k.a. UCE / Unsolicited Commercial Email).

Spam is considered an unethical form of Internet advertising. Some states have created laws regarding Spam and many state and federal bodies are currently drafting legislation which will define and prohibit Spam.

This web site is NOT to be promoted via Spam or other unsolicited advertising methods.

In addition, people who send Spam can incur substantial monetary fines from any of the service providers through which Spam is directed because of the time, resources and expense it can incur for the affected provider. Spam is a negative form of advertising and is regarded with disdain within the Internet community.

If you violate our Spam Policy you will:

- Have your affiliate account reported immediately.
- Have a monetary claim filed against you in a court of law for $500 for each piece of unsolicited email, or otherwise posted occurence of Spam.
- Be immediately reported to your ISP (Internet Service Provider).
- Be immediately reported to any domain registrar with which you are associated.
- Be reported to appropriate additional authorities.

We reserve the right to determine what constitutes an act of Spam. Our sole opinion shall be deemed ABSOLUTE and FINAL in determining any and all spam violations.

This web site does not engage in sending Spam. We only engage the services of reputable marketing companies that utilize opt-in subscriber lists. All messages sent from the reputable sources we employ shall have working unsubscribe links at the bottom of each transmission, and comply with all applicable laws.

All Spam complaints shall be investigated, and any false claims will themselves be reported to the proper authorities for possible action against false claimants. We value our reputation and will defend it.

Should any of our web sites or services be disrupted as a result of spamming, or as a result of proven false claims against us for spamming, the responsible party will be charged and billed $500.00 per hour until service is restored. You may also be subject to legal action.

If we receive a Spam complaint against you, we may immediately report you to the above named entities until you provide proof exonerating you from all complaints that were filed against you. Even if you provide such proof, you may still be reported if we receive a large number of complaints against you.

Definition of Spam

Spam is the sending of unsolicited and unauthorized emails or online communications, including, but not limited to bulletin boards, user groups, or instant messaging services to individuals or businesses who do not know you personally, have not agreed or requested to receive your emails, or have not provided their email address directly to the sender. It is also an email sent to a recipient who would not have a reasonable expectation of receiving email from the sender. Spam can be an individual email or a bulk mailing.

Posting messages to Usenet, newsgroups, and forums that explicitly forbid the posting of commercial solicitations or solicitations not pertaining to their content is Spam. Hiring a company that sends email to a list of people with your opportunity that did not specifically request to receive your information beforehand is considered Spam. Promoting Your Site on FFA (Free For All) sites is considered Spam and shall NOT be tolerated.

By allowing this web site to be posted on your own domain, you hereby agree to the above stipulations, and to hold the designers, publishers, and program operators harmless from any claims originating as a result of your activities.

PAYMENTS
All Affiliate payments will be made in U.S. dollars. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.

Company will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Web site. Affiliate has
no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase.
You have no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted even where the customer first arrived at the Company site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate link or with your “cookie” indicating you as the affiliate.

NO INCOME CLAIMS ARE MADE
Company makes no representations or warranties whatsoever, regarding potential income that may result from participation in Company's Affiliate Program and Company specifically disclaims any and all warranties in regards to Affiliate's earning potential.

Affiliate agrees to provide Company with a valid contact information upon registration.

Company will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate. Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interphere with, disrupt or diminish tracking or service.

Company shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even where Company has been advised of the possibility of such damages. Company's total liability arising from this agreement or program shall not exceed the total commissions paid or payable by Company.

Company is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of monies.

Company pricing of products and services is totally within Company discretion and Company reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Affiliate.

Our only responsibility to you in this regard is to track customer orders that occur through links from Affiliate and make reports of the commissions due as a result thereof. All such reports shall be un-audited.

CUSTOMER PRIVACY
To protect customer privacy, under Company's Privacy Policy, if deemed necessary Company reserves the right to withhold identifying customer contact information from Affiliate. Company has no obligation to provide Affiliate with any specific information for any customer, regardless of whether said customer arrived at the Company Web site through an Affiliate link.

Company reserves all rights in or to its trademarks and servicemarks and copyrights, although they may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Company logo, image, or trademark which may be distasteful, defame, or misrepresent Company in any way.

PROHIBITED WEBSITES
Affiliate agrees not to misrepresent Company products or services. Affiliate also agrees not to advertise Company products or services on Web sites that promote sexually explicit material, violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.

Company reserves the right to terminate your affiliate status for any reason in our sole and absolute discretion, including but not limited to the reasons set forth herein.

Company makes no warranties expressed or implied for the Affiliate Program except as outlined in this Agreement. Affiliate program is provided As Is.

Company and Affiliate reserve the right to terminate this agreement at any time, without notice. If terminated, outstanding commissions shall be paid in the next payment cycle, as long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount of monies due are paid.

Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold Company harmless from same.

In the event that any provision of this Agreement is held to be invalid or unenforceable, said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

The Company location is on the Web site and as an Affiliate you agree that this offering is made from the Company's location and shall be governed by the laws of the State where the Company is located, in the U.S.A.

This Agreement shall be governed by and construed in accordance with the laws of the State the Company is located in, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the Company is located. In addition, you agree to submit to the jurisdiction of the courts of the State where the Company is located, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the city and state where the company is located.

The Company obligations and Affiliate remedies are solely and exclusively as described and limited in this agreement and if applicable, on the Company's Web site affiliate information. Company liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products,services or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall Company be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate.

Company reserves all rights not expressly granted here.